Gautam Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.35173 of 2016 (2) dt.16-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35173 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Gautam Kumar, Son of Naresh Paswan, Resident of Village- Tatariya, Police Station - Silao, Dist Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 49 of 2016 registered under Section 376 of the Indian Penal Code and Section 4/8 of the POSCO Act, pending in the court of Additional Sessions Judge Ist-cum-Special Judge, Nalanda at Biharsharif.

The accusation is that petitioner forcibly carried the victim from the Hand-pump and committed rape on her. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to ulterior motive.

Patna High Court Cr.Misc. No.35173 of 2016 (2) dt.16-09-2016 Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. (Rajendra Kumar Mishra, J) Bhardwaj/- U T